Contracts Keyed to Calamari
Hawkins v. McGee
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
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*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
- Case Doctrines, Acts, Statutes, Amendments and Treatises: Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
The Defendant, a doctor (the “Defendant”), removed a considerable amount of scar tissue from the Plaintiff, a patient’s (the “Plaintiff”), right hand and replaced it with skin from the Plaintiff’s chest. The skin removed was the result of an electrical burn endured by the Plaintiff more than nine years before this procedure. Prior to the procedure, the doctor told the Plaintiff and his father that the Plaintiff would be in the hospital three or four days, but no more than four. Additionally, after the hospital stay, the Plaintiff could go back to work in a few days with a good hand. The doctor also said “I will guarantee to make the hand a hundred per cent perfect hand or a hundred per cent good hand.” As to damages, the lower court instructed the jury in the following manner: “[i]f you find the plaintiff entitled to anything, he is entitled to recover for what pain and suffering he has been made to endure and for what injury he has sustained over and above what injury he had before.”
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
- Holding: Shares the Court's answer to the legal questions raised in the issue.
- Concurring / Dissenting Opinions: Includes valuable concurring or dissenting opinions and their key points.
- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.